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Tennessee and Georgia Railroad Company, and the Nashville and Decatur Railroad Company, under the authority of the act of Congress approved March third, eighteen hundred and seventy one.

Payment of bal

SEO 2. That when said claims have been adjusted in pursuance of the provisions of this act, the Secretary of War be, and he is hereby, au- auce authorized. thorized to issue his warrant on the Treasury of the United States to the governor of Georgia or his order for the amount of money it is found ought to be refunded to said railroad on account of said settlement. Approved, March 3, 1877.

CHAP. 120.-An act amending the pension-law so as to remove the disability of those who, having participated in the rebellion, have, since its termination, enlisted in the Army of the United States, and become disabled.

March 3, 1877.

Law prohibiting

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the law prohibiting the payment of any money on account of pensions to any person, or to the pensions to persons widow, children, or heirs of any deceased person, who, in any manner, modified. aiding rebellion engaged in or aided or abetted the late rebellion against the authority of the United States, shall not be construed to apply to such persons as afterward voluntarily enlisted in the Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty.

Approved, March 3, 1877.

CHAP. 121.-An act equalizing pensions of certain officers in the Navy

March 3, 1877.

Pensions to en

rank.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, the pension for total disability of passed assistant engineers, gineers in Navy acassistant engineers, and cadet engineers in the naval service, respect- cording to relative ively, shall be the same as the pensions allowed to officers of the line in the naval service with whom they have relative rank; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. Approved, March 3, 1877.

CHAP. 122.—An act to amend section twenty-two hundred and ninety-one of the Revised Statutes of the United States, in relation to proof required in homestead entries.

March 3, 1877.

Homesteader's

affidavit of occupa tion, etc., before

whom made.

R. S., 2291, p. 422.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proof of residence, occupation, or cultivation, the affidavit of non-alienation, and the oath of allegiance, required to be made by section twenty-two hundred and ninety-one of the Revised Statutes, may be made before the judge, or, in his absence, before the clerk, of any court of record of the county and State, or district and Territory, in which the lands are situated; and if said lands are situated in any unorganized county, such proof may be made in a similar manner in any adjacent county in said State or Territory; and the proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register or receiver of the proper land-district; and the same shall be transmitted by such judge, or the clerk of his court, to the register and mitted to register; the receiver, with the fee and charges allowed by law to him; and the register and receiver shall be entitled to the same fees for examining and approving said testimony as are now allowed by law for taking the

same.

Affidavit trans

fees.

404

False affidavit.

SEC. 2. That if any witness making such proof, or the said applicant making such affidavit or oath, swears falsely as to any material matter contained in said proof, affidavits, or oaths, the said false swearing being willful and corrupt, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register.

Approved, March 3, 1877.

March 3, 1877.

Pre-emption en

tries may

be

changed to home

stead entries with benefit of time.

tion laws.
CHAP. 123.-An act for the relief of settlers on the public lands under the pre-emp-

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That when any person who has made
a settlement on the public lands under the pre-emption laws shall change
his filing to that for a homestead entry, the time required to perfect his
title under the homestead laws shall be computed from the date of his
original settlement made under the pre-emption laws.
Approved, March 3, 1877.

March 3, 1877.

1871, ch. 116,
16 Stat., 524,
1872, ch. 156,
17 Stat., 97.

CHAP. 124.-An act to extend for two years the act establishing the Board of Com-
missioners of Claims and the acts relating thereto.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the second, third, fourth,
fifth, and sixth sections of the act entitled "An act making appro-
priations for the support of the Army for the year ending June thirtieth,
eighteen hundred and seventy-two, and for other purposes," approved
March third, eighteen hundred and seventy-one, and the act entitled
"An act to authorize the Commissioners of Claims to appoint special
commissioners to take testimony, and for other purposes," approved May
Southern claims eleventh, eighteen hundred and seventy-two, be and the same are here-
by, extended and continued in force for two years from the tenth day of
March, eighteen hundred and seventy-seven: Provided, That nothing
herein contained shall be so construed as to extend the time for filing
claims before said commission, or to enlarge its jurisdiction, or to au-
thorize the filing of new claims.

commission con-
tinued.
Proviso.

Noevidence to be

received after May
10, 1878, except.

SEC. 2. That the Commissioners of Claims shall not receive any evidence on behalf of any claimant or claimants, for the allowance of any claim or claims unless such evidence shall have been taken, presented and filed by the tenth day of March, eighteen hundred and seventyeight, except, in rebuttal of evidence introduced on behalf of the Government, and all claims wherein the evidence of the claimant or claimants, is not filed within the time herein limited, shall be deemed to be barred forever thereafter.

Approved, March 3, 1877.

March 3, 1877.

1866, ch. 241,
14 Stat., 236,
Repealed in part.

CHAP. 125.—An act to secure the rights of settlers upon certain railroad-lands, and to repeal the first five sections of an act entitled "An act granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley Railroad and its extension to Red River," approved July twenty-fifth, eighteen hundred and sixty-six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections one, two, three, four, and five of the act entitled "An act granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley Railroad and its extension to Red River," approved July twenty-fifth, eighteen hundred and sixty-six, be, and the same are hereby, repealed.

withdrawn under

SEC. 2. That the Secretary of the Interior is hereby instructed to issue Patents not to be no more patents to said railroad-company for the lands withdrawn from issued for lands market, in consequence of the enactment of the sections of said act sections repealed. hereby repealed, and to withhold from delivery any patents not yet de.

livered for the same.

when, etc.

SEC. 3. That upon said Kansas and Neosho Valley Railroad Company, Lands withits successor or successors or assigns, filing with the Secretary of the drawn to be reInterior its acceptance of the terms, conditions, and impositions of this stored to market, act, as hereinafter provided, and its execution and delivery of the deeds hereinafter specified, all of said lands so withdrawn and undisposed of shall be restored to market, by proclamation of the President of the United States, and opened to settlement and purchase under the homestead-laws of the United States only.

railroad company

Contracts to be

SEC. 4. That said railroad-company, its successor or assigns, shall Reconveyance by reconvey, by deed or deeds duly executed, all unsold lands patented of lands and proto it, in pursuance of the sections hereby repealed, and shall pay into ceeds. the Treasury of the United States the proceeds of all such lands sold and conveyed prior to the passage of this act; and that if said company shall have any uncompleted contracts for the sale of any portion of such canceled. lands, the same shall be forthwith canceled, if the contracting party or parties consent thereto in writing filed with the Secretary of the Interior; and if any portion of the purchase-money has been paid thereon, the same shall be refunded to the contracting party or parties.

Acceptance of

SEC. 5. That the acceptance of said company, or its successor or assigns, of the terms, conditions, and impositions of this act, shall be this act by railroad signified in writing, under the corporate seal of said company, duly executed, pursuant to the direction of its board of directors first had and obtained, which acceptance shall be made within ninety days from the Time of reconpassage of this act. And the deed or deeds hereinbefore referred to shall veyance and repaybe executed and delivered within six months from the passage of this act, and both deeds and acceptance shall be deposited with the Secretary of the Interior. And the payment of the money, and the cancellation of the contracts hereinbefore specified, shall also be made within a like period of six months from the date of the approval of this act. Approved, March 3, 1877.

CHAP. 126.-An act to amend an act entitled "An act granting the right of way through the public lands to the Denver and Rio Grande Railway Company," approved June eighth, eighteen hundred and seventy-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act entitled "An act granting the right of way through the public lands to the Denver and Rio Grande Railway Company," approved June eighth, eighteen hundred and seventy-two, be, and the same is hereby, amended by making the second proviso in said act read as follows, to wit:

ment.

March 3, 1877.

1872, ch. 354,

17 Stat., 339, Amended.

"Provided, That said company shall complete its railway as far Time for comsouth as Santa Fe within ten years of the passage of this act, and pleting Denver and Rio Grande Railshall complete fifty miles additional south of said point in each year thereafter; and in default thereof the rights and privileges herein way extended. granted shall be rendered null and void so far as respects the unfinished portion of said road."

Approved, March 3, 1877.

March 3, 1877.

CHAP. 127.—An act for the relief of certain settlers on the public lands. Be it enacted by the Senate and House of Representatives of the United Ante, pp. 54, 55, States of America in Congress assembled, That it shall be lawful for 59. Certain settlers homestead and pre-emption settlers on the public lands, or pre-emption settlers on Indian reservations, where crops were destroyed or seriously may be absent on public lands injured by grasshoppers in the year eighteen hundred and seventy- therefrom.

seven, to leave and be absent from said lands until the first day of October, eighteen hundred and seventy-eight, under such rules and reguRegulations as to lations as to proof of the same as the Commissioner of the General proof. Land Office shall prescribe; and where such grasshoppers shall reappear in eighteen hundred and seventy-eight, to the like destruction or injury of crops, the right to leave and be absent as aforesaid shall conAdverse rights tinue to October first, eighteen hundred and seventy-nine; and during such absence no adverse rights shall attach to said lands, such settlers being allowed to resume and perfect their settlement as though no such absence had occurred.

not to attach.

Time for making final proof and pay

ment extended.

Benefits to extend to settlers un

der timber-culture acts.

SEC. 2. That the time for making final proof and payment by preemptors whose crops have been destroyed or injured as aforesaid is hereby extended for one year after the expiration of the term of absence provided for in the first section of this act; and all the rights and privileges extended by this act to homestead and pre-emption settlers shall apply to and include the settlers under an act entitled "An act to encourage the growth of timber on western prairies," approved March third, eighteen hundred and seventy-three, and the acts amendatory thereof.

Approved, March 3, 1877.

March 3, 1877.

CHAP. 128.-An act to provide for a reprint of the resolves, ordinances, and acts passed by the Continental Congress and the Congress of the Confederation. Be it enacted by the Senate and House of Representatives of the United Acts of Conti- States of America in Congress assembled, That there be printed at the nental Congress, Government Printing Office, for the use of Congress, five thousand etc., to be printed. copies of the resolves, ordinances, and acts of the Continetal Congress

How compiled and printed.

Appropriation.

and the Congress of the Confederation of the United States, fifteen hundred copies for the use of the Senate, three thousand copies for the use of the House of Representatives, and five hundred copies for the use of the executive departments.

SEC. 2. That said resolves, ordinances, and acts shall be taken from the journals, and printed with a proper index, under the supervision of the Librarian of Congress.

SEC. 3. That the sum of one thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expense of making How disbursed. such work and index; the same to be disbursed under the direction of the Joint Committee on the Library.

Approved, March 3, 1877.

March 3, 1877.

Fort Dalles reservation to be retary of Interior

transferred to Sec

for sale, etc.

1850, ch. 76, 9 Stat., 496.

CHAP. 129.—An act to provide for the disposition of Fort Dalles military reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and hereby is, authorized to transfer to the custody and control of the Secretary of the Interior, for disposition for cash, according to existing laws relating to the public lands, after appraisement, to the highest bidder, and at not less than the appraised value, nor at less than one dollar and twenty-five cents per acre, the United States military reservation known as the Fort Dalles military reservation at Dalles in the State of Oregon, as the same was established by order of BrigadierGeneral W. S. Harney, in the year eighteen hundred and fifty-nine, excepting any portion of said reservation as may have been granted to any settler under the act of Congress making donations of the public lands in Oregon to settlers, approved September twenty-seventh, eighteen hundred and fifty, or which may have been granted under any other act of Congress previous to the time when such military reservation was established.

SEC. 2 That the Secretary of the Interior, if in his opinion the public interests require it, may cause the said lands in said reservation, or any part thereof, to be subdivided into tracts less than forty acres each, and into town-lots, or either; and, in such cases, each subdivision or lot shall be appraised and offered separately for sale to the highest bidder, as before provided, after which any tract or lot so offered, and not sold for want of bidders, shall be subject to sale at private entry at the appraised value.

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Appraisement

SEC. 3. That the Secretary of the Interior shall cause the improve. ments, buildings, materials, and other property, which may be situate and sale of imupon said reservation, or upon any such tract or into which the provements. same may be subdivided, to be appraised, and may cause the same to be sold, together with the tract or lot upon which the same may be situate, at not less than the appraised value of the land and improvements, or may, in his discretion, cause the said improvements to be sold separately at public sale at not less than the appraised value, to be removed by the purchaser within such time as the Secretary of the Interior may direct; and if the improvements are offered and not sold for want of bidders, then the Secretary of the Interior is authorized to sell the same at private sale for not less than the appraised value. SEC. 4. That the land lying between the northern boundary of said military reservation and the northern boundary of the military reserva tion, as established by order of Major G. I. Rains in the year eighteen hundred and fifty-five, shall be disposed of under and according to the provisions of title thirty-two, chapter eight, of the Revised Statutes of p. 438. the United States, except any portion of the same to which there may be a valid pre-emption claim; and all controversies arising under this Controversies. act, in regard to the right or title to any part of said lands, shall be decided by the register and the receiver of the proper land-office, subject to an appeal to the Commissioner of the General Land Office by any person or party interested therein. Approved, March 3, 1877.

Lands between

certain boundaries of reservation, how R.S., Title xxxii, disposed of.

CHAP. 130.-An act to authorize the President to restore Thomas J. Spencer to his former rank in the Army.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he

March 3, 1877.

Thomas J. Spen

is hereby, authorized and empowered to restore to his former rank and cer may be restored relative grade in the Army Thomas J. Spencer, late first lieutenant, to rank in Army. Tenth United States Cavalry: Provided, That said Spencer shall not be entitled to any pay or allowances as an Army officer for the time he may have been out of the military service. And the law of promotion in the line is hereby suspended in this case for the purpose Approved, March 3, 1877.

CHAP. 131.-An act authorizing the changing of the name of the sloop Addie Parker of New Bedford, Massachusetts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treas

March 3, 1377.

Name of sloop

ary be, and he is hereby, authorized and directed to allow the owner Addie Parkei of the sloop Addie Parker, a vessel of American ownership and license, changed. to change her name, and be hereafter known as the Addie.

Approved, March 3, 1877.

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